ELR Citation: 50 ELR 20044
No(s). C18-5926 BHS (W.D. Wash. Feb 10, 2020) (Settle, J.)

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is located for land use within the scenic area. The court found that the Surface Transportation Board had exclusive jurisdiction over repairs to interstate tracks and thus that the county's permitting process, which was established under a local law that was limited to a specific part of the country and delegated authority to states and local agencies, was not a nationwide environmental law for preemption purposes. It therefore granted the company's motion for summary judgment.